Roofing Insurance Laws in Montana

Authority

Mont. Code Ann. § 33-24-101 sets the measure of indemnity for fire losses as the expense of replacing the thing lost or injured in the condition it was in at the time of the injury. It says nothing about labor. McIntosh v. Hartford Fire Ins. Co., 106 Mont. 434, 78 P.2d 82 (1938), rejected depreciating repair costs and applies Montana's broad-evidence rule. It addresses depreciation generally, not labor. The Commissioner of Securities and Insurance publishes its advisory memoranda at csimt.gov; the index carries no memorandum on labor depreciation, actual cash value, or property-claim depreciation. Blankenship v. Farmers Union Ins., No. DV-98-56, 1999 Mont. Dist. 1075 (Mont. Dist. Ct. Nov. 5, 1999), is an unpublished trial-court decision and binds no one beyond its parties.

Mont. Code Ann. § 33-24-101 (measure of indemnity — general fire-indemnity statute; no mention of labor) · Montana Commissioner of Securities and Insurance — Advisory Memos index (no memo on labor depreciation / ACV / property-claim depreciation found)

Authority

Montana Commissioner of Securities and Insurance (Office of the State Auditor), Advisory Memorandum, "Matching Building Materials in the Event of Damage," July 6, 2009, addressed to all licensed property and casualty insurers, producers, and adjusters, states the agency's position that materials must be replaced with similar quality, kind, texture, and colored materials such that there is a reasonable match with existing materials, and that where such materials are not available the existing materials must be replaced to achieve a match. It applies to interior and exterior losses. A 2003 memorandum took the same position. One qualification. This is an advisory memorandum, an agency enforcement position, not a statute or administrative rule. The Montana Code Annotated contains no matching statute, the Administrative Rules of Montana contain no matching rule, and no Montana appellate decision controls the question.

MT CSI Advisory Memorandum, Matching Building Materials in the Event of Damage (July 6, 2009) — primary DOI source, quote confirmed verbatim · MT CSI Property, Home & Business Owners page — 'like kind and quality materials'

Authority

The Montana Code contains no deductible-specific prohibition reaching contractors. Mont. Code Ann. § 33-18-210 prohibits unfair discrimination and rebates in title, property, casualty, and surety insurance, but by its terms it binds insurers, producers, and insureds and reaches the policy premium, not the deductible. It does not apply to a roofing contractor. The general provisions that do reach abuse are Mont. Code Ann. § 30-14-103, the Unfair Trade Practices and Consumer Protection Act's ban on unlawful and deceptive practices, including advertising, and Montana's insurance-fraud provisions at Mont. Code Ann. § 33-1-1202 et seq. and criminal fraud under Title 45. A disclosed discount is lawful, but the carrier then owes proportionally less, so discounting does not spare the homeowner the deductible. Lending against the deductible through a payment plan or financing is not a waiver and stays lawful.

MCA 33-18-210 — Unfair discrimination and rebates prohibited (official Montana Code, mca.legmt.gov) · MCA 30-14-103 — Unlawful practices, Unfair Trade Practices and Consumer Protection Act (official Montana Code section index) · MCA Title 33 — Insurance and Insurance Companies (chapter index)

Authority

Mont. Code Ann. § 33-17-102(1)(a) defines an adjuster as a person who, for compensation, investigates and negotiates the settlement of claims arising under insurance contracts. The regulated act is negotiating settlement, not producing an estimate. § 33-17-102(21)(a) defines a public adjuster as an adjuster retained by and representing the interests of the insured, and § 33-17-102(21)(b) expressly excludes a person who provides an estimate of work to an insurer on behalf of an insured as long as the insured is notified of all communications between the person and the insurer related to the estimates. Mont. Code Ann. § 33-17-301(1) prohibits acting as or purporting to be an adjuster without a license, and § 33-17-301(7) makes public adjusters part of that mandate. Penalties are at § 33-1-1509(2), (3), and (4). Licensed public adjusters additionally owe a written contract with the insured filed with the commissioner under § 33-17-302(1), written disclosure of any direct or indirect financial interest in a construction firm under § 33-17-302(4), and the standards of conduct at § 33-17-303, including loyalty to the insured alone, no soliciting during an active loss-producing occurrence, and no letting unlicensed staff conduct licensed business. Montana has no roofing-specific claims statute and no state roofing license, only contractor registration under Title 39, ch. 9.

Mont. Code Ann. § 33-17-102 — Definitions ("adjuster" at (1)(a); "public adjuster" and the estimate carve-out at (21)(a)-(b)) · Mont. Code Ann. § 33-17-301 — Adjuster license required; (1) license mandate, (7) includes public adjusters · Mont. Code Ann. § 33-1-1509 — License offenses; (2) unlicensed public adjusting, (3) entity liability, (4) up to $50,000 and 10 years · Mont. Code Ann. § 33-17-302 — Public adjuster contracts; (4) financial-interest disclosure including construction firms · Mont. Code Ann. § 33-17-303 — Public adjuster standards of conduct · Montana Commissioner of Securities and Insurance — Insurance Licensing (public adjuster $5,000 bond and contract filing)